RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 1 — Purpose of this Part

76.— (2) Any law providing for the jurisdiction of the International Criminal Court in Fiji is to be complementary to the jurisdiction of Fiji with respect to offences in this Division (and any other law prescribing such offences) that are also crimes within the jurisdiction of that Court.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 2 — Genocide

Genocide by killing

77. A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator causes the death of one or more persons ; and(b) the person or persons belong to a particular national, ethnical, racial or religious group ; and(c) the perpetrator intends to destroy (in whole or in part) that national, ethnical, racial or religious group, as such.

Penalty — Imprisonment for life.

Genocide by causing serious bodily or mental harm

78.—(1) A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator causes serious bodily or mental harm to one or more persons ; and(b) the person or persons belong to a particular national, ethnical, racial or religious group ; and(c) the perpetrator intends to destroy (in whole or in part) that national, ethnical, racial or religious group, as such.Penalty — Imprisonment for life.

(2) In sub-section (1)—“causes serious bodily or mental harm” includes, but is not limited to, the committing of acts of torture, rape, sexual violence or inhuman or degrading treatment.

Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction

79.— (1) A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator inflicts certain conditions of life upon one or more persons ; and(b) the person or persons belong to a particular national, ethnical, racial or religious group ; and(c) the perpetrator intends to destroy (in whole or in part) that national, ethnical, racial or religious group, as such ; and(d) the conditions of life are intended to bring about the physical destruction of that group, in whole or in part.Penalty — Imprisonment for life.

(2) In sub-section (1)—“conditions of life” includes, but is not limited to intentional deprivation of resources indispensable forsurvival, such as deprivation of food or medical services, or systematic expulsion from homes.

Genocide by imposing measures intended to prevent births

80. A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator imposes certain measures upon one or more persons ; and(b) the person or persons belong to a particular national, ethnical, racial or religious group ; and(c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such ; and(d) the measures imposed are intended to prevent births within that group . Penalty — Imprisonment for life.

Genocide by forcibly transferring children

81.— (1) A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator forcibly transfers one or more persons ; and(b) the person or persons belong to a particular national, ethnical, racial or religious group ; and(c) the perpetrator intends to destroy, in whole or in part, that national, ethnical, racial or religious group, as such ; and(d) the transfer is from that group to another national, ethnical, racial or religious group ; and(e) the person or persons are under the age of 18 years ; and(f) the perpetrator knows that, or is reckless as to whether, the person or persons are under that age.

Penalty — Imprisonment for life.

(2) In sub-section (1)—“forcibly transfers one or more persons” includes transfers one or more persons—

(a) by threat of force or coercion (such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power) against the person or persons or against another person ; or(b) by taking advantage of a coercive environment.

98. The fact that genocide or a crime against humanity has been committed by a person pursuant to an order of a Government or of a superior (whether military or civilian) does not relieve the person of criminal responsibility.

Geographical jurisdiction

99. A person commits an offence against all sections of Divisions 2 and 3 of this Part—

(a) whether or not the conduct constituting the alleged offence occurs in Fiji ; and(b) whether or not a result of the conduct constituting the alleged offence occurs in Fiji.

Double jeopardy

100. A person cannot be tried by the High Court for an offence under Divisions 2 and 3 of this Part if the person has already been convicted or acquitted, in accordance with the laws of Fiji, by the International Criminal Court for an offence constituted by substantially the same conduct as constituted the offence under Divisions 2 and 3 of this Part.

Bringing proceedings under this Part and Part 10

101. Proceedings for an offence under Divisions 2 and 3 of this Part and Part 10 must not be commenced without the written consent of the Director of Public Prosecutions.

RELEVANT ROME STATUTE PROVISIONS

Article 5Crimes within the jurisdiction of the Court1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to theinternational community as a whole. The Court has jurisdiction in accordance with this Statutewith respect to the following crimes:(a) The crime of genocide

Article 6GenocideFor the purpose of this Statute, "genocide" means any of the following acts committed withintent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:(a) Killing members of the group;(b) Causing serious bodily or mental harm to members of the group;(c) Deliberately inflicting on the group conditions of life calculated to bring about itsphysical destruction in whole or in part;(d) Imposing measures intended to prevent births within the group;(e) Forcibly transferring children of the group to another group.